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DEN NORSKE BANK ASA v. ACEMEX MANAGEMENT COMPANY LIMITED (THE “TROPICAL REEFER”) [2003] EWCA Civ 1559

[2004] 1 Lloyd's Rep 1

Banking - Guarantee - Summary judgment - Defendants provided guarantee as security for loan on ships - bank applied for summary judgment - Whether bank owed defendants duty of care in equity in relation to arrest of vessel - Whether bank owed duty not to interfere with shipowner’s contracts.

(1) FAL OIL CO. LTD. (2) CREDIT AGRICOLE INDOSUEZ (SUISSE) S.A. v. PETRONAS TRADING CORPORATION SDN BHD (THE “DEVON”) [2003] EWHC 2225 (Comm)

[2004] 1 Lloyd's Rep 9

Sale of goods c & f - Cargo of high viscosity oil delivered to buyers by ship to ship transfer - Oil found to contain excessive quantity of water on discharge - Whether excess water was present in oil cargo at time of transfer to buyers - Whether buyers liable to pay demurrage under terms of sale contract.

(1) ICL SHIPPING LTD. (2) STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. v. CHIN TAI STEEL ENTERPRISE CO. LTD. AND OTHERS (THE “ICL VIKRAMAN”) [2003] EWHC 2320 (Comm)

[2004] 1 Lloyd's Rep 21

Bill of lading - Limitation of liability - Vessel and cargo lost after collision at sea - Cargo owner arrested sister ship in Singapore - Singapore not a party to Convention on the Limitation of Liability for Maritime Claims, 1976 - Sister ship released against provision of security by P. & I. Club in terms settled by Singapore Court - Cargo owners commenced arbitration proceedings in England pursuant to London arbitration clause incorporated into bill of lading - Whether shipowners entitled to constitute limitation fund in England - Whether “legal proceedings” in art. 11 of 1976 Convention included arbitration proceedings - Whether Court had jurisdiction to serve limitation proceedings on cargo claimant out of jurisdiction - Whether Art. 13.2 conferred jurisdiction on English Court to release security within jurisdiction of non-party state - Whether security provided in present case was within jurisdiction of Singapore or England - Whether limitation fund “actually available” notwithstanding that no limitation decree made at time injunction granted - Construction of arts. 11 and 13 of 1976 Convention and CPR 61.11(5)(c).

NISSHIN SHIPPING CO. LTD. v. CLEAVES & COMPANY LTD. and OTHERS [2003] EWHC 2602

[2004] 1 Lloyd's Rep 38

Contract - Contracts (Rights of Third Parties) Act 1999 - Charter-parties provided for commission payable to shipbrokers - Charter-parties contained arbitration clauses - Shipbrokers not parties to charter-parties - Whether shipbrokers entitled to enforce commission payments as third parties under 1999 Act - Whether shipbrokers entitled to pursue claims by arbitration.

(1) CARIBBEAN PETROLEUM CORPORATION (in chapter 11 bankruptcy under the United States Bankruptcy Code) (2) GENERAL ELECTRICAL CAPITAL BUSINESS ASSET FUNDING CORPORATION (Formerly known as METLIFE CAPITAL CORPORATION) v. CRISTAL LIMITED (THE “MORRIS J BERMAN”) [2003] EWHC 2357 (Comm)

[2004] 1 Lloyd's Rep 48

Contract - Construction - Cristal contract - Oil spill - Whether compensation paid by claimants in settlement of claims brought by U.S. Department of Justice on behalf of U.S. Oil Spill Liability Trust Fund constituted “amounts paid by a Person to compensate another Person for Pollution Damage or Costs of Threat Removal Measures” within meaning of Clause IV(C) - Whether such compensation excluded under Clause IV(C) by reason of being “amounts paid by a fund established and/or maintained by means of assessments against Oil Companies to compensate another Person for Pollution Damage or Costs of Threat Removal Measures” within meaning of same clause.

TRITON NAVIGATION LIMITED v. VITOL S.A. (THE “NIKMARY”) [2003] EWCA Civ. 1715

[2004] 1 Lloyd's Rep 55

Charter-party (Voyage) - Demurrage - Delay - Laytime - Vessel gave notice of readiness to load - Tanks unfit for loading - Vessel delayed in entering berth while tanks cleaned and waiting for cargo - Whether time spent waiting to count as laytime.

GOOD CHALLENGER NAVEGANTE S.A. v. METALEXPORTIMPORT S.A. (THE “GOOD CHALLENGER”) [2003] EWCA Civ. 1668

[2004] 1 Lloyd's Rep 67

Arbitration - Award - Enforcement - Limitation of time - Ex parte order to enforce arbitration award served eight years after it was made - Allegation that enforcement proceedings time barred - Whether for purposes of limitation causes of action accrued afresh as a result of acknowledgement of claim and part-payment - Whether Romanian Court decision estopped claimants from denying proceedings time barred - Whether abuse of process - Whether ex parte order and service thereof should be set aside.

ARKIN v. BORCHARD LINES LTD. AND OTHERS (NO. 2) [2003] EWHC 2844 (Comm)

[2004] 1 Lloyd's Rep 88

Practice - Costs - Professional funder - Whether funder should be ordered to pay costs of successful defendants.

NORFOLK v. MY TRAVEL GROUP PLC

[2004] 1 Lloyd's Rep 106

Practice - Limitation of time - Personal injury - Claimant injured on seagoing vessel - Claimant brought claim against package holiday operator under Package Travel, Package Holidays and Package Tours Regulations, 1992 more than two years later - Whether Athens Convention applied - Whether claim time barred - Merchant Shipping Act, 1995 - International Convention on the Carriage of Passengers and their Luggage, Athens, 1974.

GLENCORE INTERNATIONAL A.G. v. ALPINA INSURANCE COMPANY LIMITED [2003] EWHC 2792 (Comm)

[2004] 1 Lloyd's Rep 111

Insurance (Marine) - Open cover - Metro litigation - Commodity trader - Whether insurers entitled to avoid policy for misrepresentation and non- disclosure - Determination of issues relating to coverage and to quantum.

VITESSE YACHT CHARTERS SL AND OTHERS v. SPIERS AND ANOTHER (THE “DEVERNE II”) [2003] EWHC 2426 (Admlty.)

[2004] 1 Lloyd's Rep 179

Charter-party (Time) - Charter of leisure yacht for holiday cruising - Yacht sustained damage by grounding due to negligence of charterers - Owners claimed damages for loss of use of yacht during period of repair - Whether owners represented to charterers that vessel would be “fully insured” so as to include consequential losses - Whether charterers’ maximum liability restricted to amount of security deposit.

CREDIT AGRICOLE INDOSUEZ v. UNICOF LIMITED AND OTHERS [2003] EWHC 2676 (Comm.)

[2004] 1 Lloyd's Rep 196

Practice - Application to set aside - Service out of jurisdiction - Claimant made claims against nine defendants arising out of breaches of loan facility relating to purchase of coffee in Kenya - Whether order for service of proceedings out of jurisdiction on ninth defendant should be set aside - Whether proceedings against ninth defendant should be stayed on ground of forum non conveniens.

THROUGH TRANSPORT MUTUAL INSURANCE ASSOCIATION (EURASIA) LTD. v. NEW INDIA ASSURANCE CO. LTD. (THE “HARI BHUM”) [2003] EWHC 3158 (Comm.)

[2004] 1 Lloyd's Rep 206

Conflict of laws - Cargo claim - Insolvency of carrier - Cargo interests brought proceedings in Finland against carrier’s insurer under Finnish statute - Insurer’s rules contained London arbitration clause - Whether institution of foreign proceedings constituted breach of arbitration clause - Whether service of claim form on cargo interests out of jurisdiction should be set aside - Whether anti-suit injunction should be granted against cargo interests.

TURNER v. GROVIT Case C-159/02

[2004] 1 Lloyd's Rep 216

Jurisdiction - Anti-suit injunctions - Employee commencing unfair dismissal proceedings in England - Employers commencing action for damages for breach of duty in Spain - Court of Appeal granting anti-suit injunction to prevent employers from continuing Spanish action - Whether anti-suit injunctions compatible with EC law - Brussels Convention 1968.

ERICH GASSER G.M.B.H. v. MISAT SRL Case C-116/02

[2004] 1 Lloyd's Rep 222

Jurisdiction - Lis pendens - First seised rule - Dispute under contract of sale - Proceedings commenced by buyers in Rome - Proceedings later commenced by sellers in Austria - Sellers arguing that contract contained exclusive jurisdiction clause in favour of Austrian court - Whether Austrian court required to stay proceedings pending determination of jurisdiction by court in Rome - Brussels Convention 1968, arts. 2, 5, 17 and 21.

BNP PARIBAS v. DELOITTE AND TOUCHE LLP [2003] EWHC 2874 (Comm)

[2004] 1 Lloyd's Rep 233

Arbitration - Witness summons - Whether Court had power to make disclosure order against at third party - Arbitration Act, 1996, s. 43 - Civil Procedure Rules, r. 34.4.

EAGLE STAR INSURANCE CO. LTD. v. GAMES VIDEO CO. (GVC) S.A. (THE “GAME BOY”) [2004] EWHC 15 (Comm)

[2004] 1 Lloyd's Rep 238

Insurance (Marine) - Misrepresentation - Value of vessel stated to be U.S.$1,800,000 - Whether assureds misrepresented value of vessel - Whether assureds used fraudulent devices to promote claim - Whether insurers entitled to avoid policy.

KRONOS WORLDWIDE LIMITED v. SEMPRA OIL TRADING S.A.R.L. [2004] EWCA Civ 03

[2004] 1 Lloyd's Rep 260

Contract - Demurrage - Laytime - Contract for supply of oil - Allegation that letter of credit to be opened promptly - Whether laytime did not run until after letter of credit opened - Whether buyer entitled to demurrage.

DRAKE INSURANCE PLC v. PROVIDENT INSURANCE PLC [2003] EWCA CIV 1834

[2004] 1 Lloyd's Rep 268

Insurance (motor) - Insured covered by two policies - Right of contribution - Whether insurer validly avoided policy - Whether insurer induced by non-disclosure of speeding conviction - Whether insurer under duty of utmost good faith in making avoidance decision - Waiver and reinstatement of policy - Contribution - Whether payment as volunteer - Marine Insurance Act, 1906, ss. 17 and 18 - Road Traffic Act, 1988, s. 151.

THOMPSON AND ANOTHER v. MASTERTON AND ANOTHER

[2004] Lloyd's Rep. 304

Limitation of liability - Personal injury claims - Costs - Collision between vessels in Guernsey territorial waters - Whether Convention on the Limitation of Liability for Maritime Claims, 1976, art. 2, par. 1(a) limited costs of litigation.

EL NASHARTY v. J. SAINSBURY PLC [2003] EWHC 2195 (Comm)

[2004] 1 Lloyd's Rep 309

Arbitration - Share Sale Agreements containing arbitration clauses extending to “all disputes in relation to” Agreements - Share Sale Agreements allegedly varied - Application for declaration that arbitration clauses not applicable to claims - Whether proceedings should be stayed - Arbitration Act, 1996, s. 9.

THE DEEP VEIN THROMBOSIS AND AIR TRAVEL GROUP LITIGATION [2003] EWCA Civ 1005

[2004] 1 Lloyd's Rep 316

Carriage by air - Warsaw Convention - Passengers suffering serious injury from deep vein thrombosis during normal flight - Whether “accident” within meaning of art. 17 - Carriage by Air Act, 1961.

COOPERS PAYEN LIMITED AND ANOTHER v. SOUTHAMPTON CONTAINER TERMINAL LIMITED [2003] EWCA Civ 1223

[2004] 1 Lloyd's Rep 331

Bailment - Unitized load containing 600 tonne press carried from Japan to Southampton - Load discharged at Southampton into possession of port terminal - Load placed on mafi trailer for removal to storage area - Load toppled over while being driven to storage area - Whether port terminal failed to exercise reasonable care as bailee - Observations by Court of Appeal on approach to single joint expert evidence.

NIRU BATTERY MANUFACTURING CO. v. MILESTONE TRADING LTD. [2003] EWCA Civ 1446

[2004] 1 Lloyd's Rep 344

Banking - Sale of goods - Letter of credit - Seller of goods procuring false bill of lading - Inspectors certifying that goods had been loaded - Whether inspectors owed duty of care to buyers to ensure that goods had been loaded - Warrants for goods held by seller’s bank - Seller’s bank reselling lead - Buyer’s bank then remitting payment on behalf of buyer - Claim for restitution by buyer’s bank - Whether seller’s bank acted fraudulently - Whether seller’s bank could rely on defence of change of position.

CEL GROUP LTD. v. NEDLLOYD LINES U.K. LTD. AND ANOTHER [2003] EWCA Civ 1716

[2004] 1 Lloyd's Rep 381

Contract - Implied term - Shipping group granted road haulage group exclusive right to supply transport services for three years - Shipping group voluntarily merged its business with another group in such a way that their transport requirements could no longer be separately identified - Whether shipping group in breach of contract.

NOTE - CEL GROUP LTD. v. NEDLLOYD LINES U.K. LTD. AND ANOTHER [2003] EWCA Civ 1871

[2004] 1 Lloyd's Rep 388

Practice - Costs - Costs of appeal to Court of Appeal - Prior to appeal hearing respondent made offer under CPR 36 to settle the appeal for £5000 less than the value of the sums awarded to respondent in the judgment under appeal - Offer rejected by appellant - Court of Appeal dismissing appeal - Respondent had benefit of conditional fee agreement covering solicitors’ fees - Whether respondent entitled to costs of appeal on indemnity basis plus uplift interest.

O’KANE v. JONES (THE “MARTIN P”) [2003] EWHC 3470 (Comm)

[2004] 1 Lloyd's Rep 389

Insurance (Marine) - Two policies on vessel’s hull and machinery - Second policy cancelled after vessel became constructive total loss - Whether underwriters under first policy entitled to contribution from second insurers - Existence of double insurance - Identity of assureds under two policies - Whether managers of vessel had insured on behalf of owners - Agency - Insurable interest - Measure of contribution - Whether second policy voidable for non-disclosure of non-payment of premiums under first policy - Materiality, inducement and affirmation - Whether second policy void for mutual mistake - Marine Insurance Act, 1906, ss. 18, 26, 32 and 80.

TAVOULAREAS v. TSAVLIRIS AND ANOTHER [2004] EWCA Civ 48

[2004] 1 Lloyd's Rep 445

Practice - Stay of action - Contractual dispute - Actions brought in England and Greece - Whether English or Greek Court first seised of action - Whether English action should be stayed - Brussels Convention, art. 21.

CMA CGM S.A. v. CLASSICA SHIPPING CO. LTD. [2004] EWCA Civ 114

[2004] 1 Lloyd's Rep 460

Charter-party (Time) - Limitation of liability - Charterers - Vessel and cargo damaged by fire and explosion - Owners claimed against charterers - Whether charterers entitled to limit liability pursuant to Convention on the Limitation of Liability for Maritime Claims, 1976.

ROYAL BANK OF CANADA v. COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK BA [2004] EWCA Civ 7

[2004] 1 Lloyd's Rep 471

Conflict of laws - Anti-suit injunction - Non-exclusive jurisdiction clause - Proceedings commenced in New York - Proceedings subsequently commenced in England - Claimant in New York seeking early trial date - Whether conduct unconscionable - Criteria for grant of anti-suit injunction - Supreme Court Act 1981, s. 37.

FRANS MAAS (U.K.) LTD. v. SUN ALLIANCE AND LONDON INSURANCE PLC [2003] EWHC 1803 (Comm)

[2004] 1 Lloyd's Rep 484

Insurance (liability) - Insured carried on warehousing activity - Goods released without production of bills of lading in order to assist customer repay debt to insured - Goods misappropriated - Insurance policy confined to liability under contract conditions - Whether policy covered liability to third parties - Whether insured in breach of reasonable care obligations - Whether failure to disclose to insurers that good were being released without bills of lading - Utmost good faith - Waiver and affirmation.

HEATH LAMBERT LTD. v. SOCIEDAD DE CORRETAJE DE SEGUROS [2003] EWHC 2269 (Comm)

[2004] 1 Lloyd's Rep 495

Reinsurance (marine) - Broker - Payment of premium - Placing broker paying premium to underwriters - Whether obligation to indemnify owed by producing broker or by reinsured - Conflict of laws - Significance of law applicable to reinsurance agreement - Marine Insurance Act, 1906, s. 53.

JEWSON LTD. v. LEANNE TERESA BOYHAN (as Personal Representative of the Estate of THOMAS MICHAEL KELLY) [2003] EWCA Civ 1030

[2004] 1 Lloyd's Rep 505

Sale of goods - Implied conditions - Fitness for purpose - Satisfactory quality - Property developer acquired former convent school building for conversion into self-contained flats - Developer bought Amptec boilers for installation in flats - Boilers reduced SAP (Standard Assessment Procedure) ratings on flats - Potential purchasers of flats put off by low SAP ratings - Whether boilers fit for purpose - Whether boilers of satisfactory quality - Sale of Goods Act, 1979 as amended by Sale and Supply of Goods Act, 1994, ss. 14(2) and 14(3).

EURO CELLULAR (DISTRIBUTION) PLC v. DANZAS LTD. t/a DANZAS AEI INTERCONTINENTAL AND ANOTHER [2003] EWHC 3161 (Comm)

[2004] 1 Lloyd's Rep 521

Contract - Bailment - Defendants shipped claimants’ mobile phones from Croydon to Barcelona warehouse to be held to claimants’ order pending authorization for release to consignees - Goods went missing from warehouse - Whether defendants entitled to limit liability - Contract of bailment provided for defendants’ liability to be limited where loss caused by certain events but not where goods negligently released without proper authorization - Whether goods negligently released by defendants or stolen from warehouse - Burden of proof.

SHOGUN FINANCE LTD. v. HUDSON [2003] UKHL 62

[2004] 1 Lloyd's Rep 532

Contract - Hire-purchase agreement - Offer and acceptance - Consensus ad idem - Fraudster produced false identification to dealer in order to obtain motor vehicle on hire-purchase agreement - Dealer communicated details and faxed hire-purchase proposal form to claimant finance company - Claimant carried out credit check on basis of false details provided and accepted proposal - Dealer permitted fraudster to take vehicle on payment of deposit - Defendant purchased vehicle in good faith from fraudster - Whether title to vehicle passed to defendant under s. 27 of the Hire- Purchase Act, 1964.

GLENCORE INTERNATIONAL A.G. v. ALPINA INSURANCE COMPANY LIMITED (No. 2) [2004] EWHC 66 (Comm)

[2004] 1 Lloyd's Rep 567

Insurance (Marine) - Open cover - Metro litigation - Determination of further issues relating to Cheleken crude cargoes and diverted cargoes.

COMMISSIONERS OF CUSTOMS AND EXCISE v. BARCLAYS BANK PLC [2004] EWHC 122 (Comm)

[2004] 1 Lloyd's Rep 572

Banking - Freezing injunction imposed on account holder’s assets to secure arrears of Value Added Tax - Bank erroneously making payments out of accounts - Commissioners obtaining judgment against account holders - Whether Bank owed duty of care to Commissioners.

MARCONI COMMUNICATIONS INTERNATIONAL LTD. v. PT PAN INDONESIA BANK LTD. TBK [2004] EWHC 129 (Comm)

[2004] 1 Lloyd's Rep 594

Conflict of laws - Service outside the jurisdiction - Whether English Court had jurisdiction - Letter of credit - Whether contract governed by English law - Whether contract made in England - Whether contract made through agent trading in England - Forum non conveniens - Whether order for substituted service should be made - Civil Procedure Rules, rules 6.20 and 6.80(1).

PETERSON FARMS INC. v. C&M FARMING LTD. [2004] EWHC 121 (Comm)

[2004] 1 Lloyd's Rep 603

Arbitration - Sale of goods - Goods defective - Losses suffered by buyer and by other companies in buyer’s group of companies - Arbitrators awarding damages for losses suffered by other companies - Award based on agency principles - Application to challenge award for want of jurisdiction - Nature of appeal - Applicable law - Whether agency existed - Estoppel - Ad hoc submission to jurisdiction - Arbitration Act, 1996, ss. 30, 31, 67 and 73.

PETERSON FARMS v. C&M FARMING LTD. [2003] EWHC 2298 (Q.B.)

[2004] 1 Lloyd's Rep 614

Arbitration - Claim to have award set aside under Arbitration Act, 1996, s. 68 - Application for security to be given for the sum awarded as a condition of Court hearing claim - Exercise of discretion to order security - Arbitration Act, 1996, s. 70(7).

THORESEN & CO. (BANGKOK) LTD. v. FATHOM MARINE COMPANY LTD. AND OTHERS [2004] EWHC 167 (Comm)

[2004] 1 Lloyd's Rep 622

Sale of ship - Negotiation - Recap e-mail provided “Otherwise basis Saleform 93 sub details suitably amended to reflect also the above terms” - Whether binding contract concluded.

PETROMEC INC. v. PETROLEO BRASILIRO S.A. PETROBRAS, BRASPETRO OIL SERVICES COMPANY, SOCIETA ARMAMENTO NAVI APPOGGIO S.p.A., DEN NORSKE BANK ASA [2004] EWCA Civ 156

[2004] 1 Lloyd's Rep 629

Shipping - Contract for sale of production platform - Payment to be made over a 12-year period - Contract providing that in event of total loss full payment was due within 90 days - Whether interest on sum due ran from date of total loss or date on which full payment fell due.

ARKIN v. BORCHARD LINES LTD. AND OTHERS (No. 3) [2003] EWHC 3088 (Comm)

[2004] 1 Lloyd's Rep 636

Practice - Costs - Part 20 proceedings - Defendants successfully defended claims in main action and recovered costs against claimant - Claimant impecunious and unlikely to be able to satisfy costs orders - Whether impecuniosity of claimant relevant to exercise of Court’s discretion relating to orders for costs in Part 20 proceedings.

THE “BOW SPRING” v. “MANZANILLO II” [2003] EWHC 1802 (Admlty.)

[2004] 1 Lloyd's Rep 647

Negligent navigation - Putting by - Claimants’ chemical tanker proceeding northbound in Suez Canal northern by-pass channel - Allegation by claimants that defendants’ dredger to starboard appeared to be shaping to enter channel - Claimants’ vessel deliberately grounded in order to avoid risk of collision with dredger - Whether dredger at fault - Whether fault contributed to grounding - Apportionment.

BAS CAPITAL FUNDING CORPORATION DEUTSCHE BANK AG LONDON PAINE WEBBER CAPITAL INC. PW EXE LTD. PW PARTNERS 1999 LP v. MEDFINCO LTD. ABACUS HOLDINGS LTD. W GERDES HTC INC. iWORLD GROUP EUROPE HOLDINGS LTD. [2003] EWCH (Ch)

[2004] 1 Lloyd's Rep 652

Conflict of laws - Jurisdiction - Validity of service of English proceedings in Malta - Whether permission for service abroad validly given - Test for grant of permission for service abroad - Whether claim had reasonable prospect of success - Significance of non-exclusive jurisdiction clause - Whether interim injunction should be granted - Civil Procedure Rules, rr. 6, 6.20, 6.24 and 6.25.

LEE AND ANOTHER v. AIRTOURS HOLIDAYS LTD. AND ANOTHER

[2004] 1 Lloyd's Rep 683

Package Travel, Package Holidays and Package Tours Regulations, 1992 - Claimants brought claim against package tour operator under 1992 regulations following sinking of cruise liner - No contract ever issued by defendants - Whether Athens Convention applied to claims under 1992 regulations - If Convention applied whether defendant was a “carrier” - Whether claim for loss of valuables excluded by art. 5 - Merchant Shipping Act, 1995 - International Convention on the Carriage of Passengers and their Luggage, Athens 1974.

LIGHT v. TY EUROPE LTD.

[2004] 1 Lloyd's Rep 693

Agency - Termination of sub-agency agreement by effluxion of time - Sub-agent seeking compensation from ultimate principal - Claim made under Commercial Agents (Council Directive) Regulations, 1993 - Whether Regulations applied to claim by sub-agent against ultimate principal - Whether Regulations applied to termination by effluxion of time - 1993 Regulations, Regulations 2 and 17.

MORIN v. BONHAMS & BROOKS LTD.

[2004] 1 Lloyd's Rep 702

Conflict of laws - Service outside the jurisdiction - Tort - Claimant purchasing motor vehicle at auction in Monte Carlo - Catalogue issued in London - Whether law applicable to the tort was English law or Monagasque law - Private International Law (Miscellaneous Provisions) Act, 1995, ss. 11 and 12 - Whether English company a joint tortfeator with Monagasque subsidiary.

PETROLEO BRASILIERO S.A. v. KRITI AKTI SHIPPING CO. S.A. (THE “KRITI AKTI”)

[2004] 1 Lloyd's Rep 712

Charter-party (Time) - Duration - Vessel chartered for “11 months, 15 days more or less in charterers’ option” - Clause 18 providing that should vessel be upon a voyage “at the expiry of the period of this charter” charterers should have the use of the vessel for completion of the round voyage - Clause 50 providing that any time off-hire shall count “as part of the charter period” and giving charterers option to use time off-hire as extension to “charter period” - Charterers exercising cl. 50 option to use time off-hire as extension to “charter period” - Whether “the period of this charter” in cl. 18 included 11-month period plus 15 days in charterers’ option plus off-hire extension.

TARGE TOWING LTD. AND ANOTHER v. MARINE BLAST LTD.

[2004] 1 Lloyd's Rep 721

Towage agreement - Agency - Defendant agreeing with Swedish shipowners to charter dredger for operations in Scotland - Defendant entering into towage agreement with claimant to tow dredger from Sweden to Scotland - Tow capsizing and becoming constructive total loss - Claimant settling shipowners’ claim for loss of dredger - Claimant bringing indemnity proceedings against defendant - Issue depending on whether shipowners were party to towage agreement - Whether defendant had implied authority to enter into towage agreement on behalf of shipowners.

MRG (JAPAN) LTD. v. ENGELHARD METALS JAPAN LTD.

[2004] 1 Lloyd's Rep 731

Conflict of laws - Application for service outside the jurisdiction - Obligation of applicant to disclose material facts - Whether order for service outside the jurisdiction should be set aside - Whether facts relating to merits of claim were material - CPR Part 6.20

LINCOLN NATIONAL LIFE INSURANCE CO. v. SUN LIFE ASSURANCE CO. OF CANADA AMERICAN PHOENIX LIFE AND REASSURANCE CO. PHOENIX HOME LIFE MUTUAL INSURANCE CO.

[2004] 1 Lloyd's Rep 737

Arbitration - Error of law - Reinsurance - Arbitrators in first arbitration holding that reinsurers were entitled to avoid reinsurance agreement and that but for avoidance the reinsurance was applicable - Arbitrators in second arbitration holding that first arbitrators had not dealt with coverage issue and held that reinsurance was not applicable - Whether arbitrators in second arbitration had erred in law by misinterpreting award in first arbitration - Whether error of law relating to formation of reinsurance agreement - Whether serious irregularity in accepting undertaking of counsel that full disclosure had been made - Arbitration Act, 1996, ss. 68 and 69.

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